A. An employee is subject to disciplinary action when, in the opinion of the city manager, a city officer or the employee's department head, disciplinary action is necessary for the good of the city.
B. No officer, department head or employee of the city has authority to grant or to offer any employee any job security or job protection which is not provided for that employee by city ordinance or by action of the city council.
C. The city may impose upon any employee any disciplinary action or form of discipline which the city manager, a city officer or the employee's department head finds appropriate given the conduct of the employee. In determining such discipline, the responsible person shall consider the employee's behavior involved, the employee's past employment record, the length of service of the employee and surrounding circumstances as well as the good of the city. The responsible person shall give such weight to each of the factors as he/she finds appropriate in exercise of his/her discretion. Employees may be given time to correct problems of conduct before the employee discharges; however, regardless of the circumstances, the city may discharge any employee at any time, consistent with the provisions of this chapter and the policies adopted consistent herewith. There shall be no requirement that any specific number or sequence of disciplinary actions or warnings be imposed prior to suspension, demotion or discharge.
D. Prior to final decision to dismiss or suspend any employee, the person responsible for such decision shall offer to meet with the employee and listen to his/her point of view as to the reasons for such possible discharge or suspension. The responsible person shall also consider such written statements or responses which the employee submits prior to making a final decision. The employee shall be notified of the decision in writing. Absent extraordinary or emergency circumstances, the employee will be given the opportunity to request and receive a pretermination hearing before the city manager prior to the actual dismissal of the employee. Pending the completion of the pretermination hearing and the decision by the city manager to dismiss the employee or to not dismiss the employee, the employee will be placed on administrative leave with or without pay.
E. The personnel policies shall provide for appeals of disciplinary actions. In the case of a proposed termination of employment, the appeal shall be to the City Manager. The decision of the City Manager, along with the basis thereof, shall be provided to the employee in writing. Such appeal hearing shall not be subject to the technical rules of evidence. If an employee was dismissed from employment and was not given the opportunity to request and receive a pretermination hearing before the City Manager prior to dismissal, the appeal shall be to an individual other than the person making the disciplinary decision to dismiss the employee.
F. An employee who has been dismissed from City employment after employment of twelve (12) or more months, other than a department head, City Manager or City Administrator, may request a hearing before the City Council to challenge the reasonableness of dismissal pursuant to Nevada Revised Statutes section 268.405. (Ord. 212, 10-13-1998)